On November 5, Bill C-3 passed its third reading in Canada’s House of Commons, moving closer to expanding eligibility for Canadian citizenship by descent.
The Bill, aimed at removing the First-Generation Limit (FGL) rule for Canadian citizenship, would amend Canada’s Citizenship Act, enabling Canadians born abroad to pass citizenship to their children born outside of Canada.
This article will explain the current status of the Bill, the essential steps it must complete to receive Royal Assent and become part of Canadian law, and who stands to benefit from the broader citizenship eligibility.
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Where Bill C-3 stands on the path to Royal Assent
Bill C-3 has completed the House of Commons process and passed its third reading, which means it must now proceed to the Senate for review and approval.
The Bill still needs to pass three more readings in the Senate, without amendments, before it can receive Royal Assent and officially become law.
If the Senate proposes any amendments to Bill C-3, it will return to the House of Commons for further review. Royal Assent can only occur once an identical version has passed through both houses of Canada’s Parliament.
What if I want to apply for citizenship under the new laws before Bill C-3 formally passes?
Individuals affected by the FGL rule, which Bill C-3 seeks to address, can apply for proof of Canadian citizenship under interim measures introduced by the Government of Canada earlier this year.
These measures allow for discretionary grants of citizenship for eligible applicants, enabling them to obtain Canadian citizenship prior to the Bill’s enactment. In certain cases, urgent processing may also be available for discretionary grants.
Who would be impacted if Bill C-3 passes (and how)
Bill C-3 is designed to restore citizenship by descent to second-generation Canadians born or adopted abroad. It also addresses cases of lost citizenship under current and previous versions of the Citizenship Act. This includes:
- Children born or adopted outside Canada to a Canadian parent prior to December 19, 2023
- Children born or adopted on or after December 19, 2023, affected by the FGL, whose Canadian parent met the “substantial connection to Canada” requirement at the time of birth or adoption
- Individuals born abroad before April 1, 1949, with a Canadian parent affected by the FGL
- Individuals who lost citizenship due to unmet retention requirements under former section 8 of the Citizenship Act
For related updates on regulatory improvements in the Canadian healthcare sector, you can also read our blog Ontario takes steps to remove interprovincial barriers for licensing of 16 additional healthcare professions.
Why Bill C-3 was introduced (the legal and political timeline)
In December 2023, the Ontario Superior Court of Justice ruled the second-generation cut-off provisions of the Citizenship Act unconstitutional and directed the federal government to amend the legislation.
The court initially gave a six-month grace period, which the federal government missed three times, eventually requesting an extension until March 19, 2025, to make the necessary amendments.
In May 2024, Bill C-71 was submitted to Parliament. It allowed citizenship by descent to second-generation Canadians if the parent had at least 1,095 days of physical presence in Canada before the child’s birth or adoption.
However, Bill C-71 did not receive Royal Assent.
On January 6, 2025, Prime Minister Justin Trudeau resigned as Liberal leader and requested the Governor General prorogue Parliament until March 24, 2025.
As a result, Bill C-71 did not become law, as prorogation nullifies all pending bills. Bill C-3 was then introduced to address the court ruling and replace temporary, discretionary measures with permanent legislative rules.
Get a Free Legal Consultation on Applying for Proof of Canadian Citizenship with Temboh Immigration
